Supreme Court Allows EC to Inquire into Voter Citizenship Doubts

The Supreme Court has clarified that while the Election Commission cannot conclusively determine a person’s citizenship, it retains the authority to inquire into citizenship when doubts arise during voter registration. The ruling reinforces that citizenship is a constitutional prerequisite for voting and not merely a procedural formality linked to residence and age.

Court Rejects Argument of Limited EC Powers

Opposition leaders and civil society groups had argued that the Election Commission lacks jurisdiction to question a voter’s citizenship once basic documentary proof of residence and age is submitted. The Court, however, held that such an interpretation would undermine the constitutional framework that mandates only citizens can be enrolled as voters.

Constitutional Requirement of Citizenship Highlighted

A bench comprising the Chief Justice and Justice Joymalya Bagchi stressed that the EC’s responsibility of superintendence over elections includes the ability to conduct inquiries when citizenship is doubtful. The judges clarified that this power does not extend to declaring individuals as foreigners, a role reserved for the government and designated tribunals.

Concerns Over Illegal Migrants and Voter Roll Integrity

The Court illustrated its reasoning with a hypothetical scenario involving long-term illegal migrants who meet age and residence criteria but lack citizenship. It stated that presuming citizenship solely on limited documentation would compromise the integrity of voter rolls and weaken constitutional safeguards.

Exam Oriented Facts

• Citizenship is a constitutional requirement for voter enrolment in India.
• The EC may inquire into citizenship doubts but cannot determine citizenship status.
• Foreigners Tribunals and the government hold the authority to decide citizenship.
• Residence and age documents alone cannot override citizenship criteria.

Balancing Inclusion and Scrutiny in the Electoral Process

While acknowledging concerns about mass exclusion, the Court maintained that limited inquiries do not amount to overreach. It emphasised that seeking documentary proof in doubtful cases is consistent with the EC’s mandate to ensure accurate voter lists and uphold the constitutional principle that only citizens may participate in elections.